In re Platinum Oil Props. LLC
Dec
23
2009
Ruling
Approval of debtor's counsel's interim fee applications conditioned on supplemental disclosure of representation of parties with adverse interests to estate.
Procedural posture
Debtor's counsel submitted its first interim fee application sought allowance of compensation in the amount of $ 151,139.36 for fees and $ 4,646.12 for expenses. Creditor filed an objection to the fee application, asserting that the debtor did not own the interests it claimed in two oil and gas leases, and that the counsel represented parties that held adverse interests, and failed to make a proper disclosure under Fed. R. Bankr. P. 2014(b).
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Court
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In re Black Diamond Mining Co. LLC
Dec
11
2009
Ruling
Transaction fee and final monthly fees of advisor to committee of unsecured creditors granted over objection.
Procedural posture
A financial advisor to a committee of bankruptcy debtors' unsecured creditors submitted its final application for payment of fees, and a company through which preexisting senior lenders acquired the debtors' stock and assets objected to payment of a transaction fee and the final monthly fees.
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Court
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In re Howeser
Dec
08
2009
Ruling
Fee application denied due to debtor's attorneys' pre- and post-petition representation of creditor with interest adverse to estate.
Procedural posture
A law firm filed an application for an award of compensation for services to the estate of a chapter 11 debtor. Objections to compensation were filed pursuant to 11 U.S.C.S. § 328(c).
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Court
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In re Hall
Sep
24
2009
Ruling
Fee dispute between personal injury lawyer and attorney who handled wrongful death case for estate over alleged prepetition fee sharing arrangement was a matter for state court.
Procedural posture
Movant attorney filed a motion for a potential administrative fee under 11 U.S.C.S. § 328(a) or § 330(a) and also a motion seeking disgorgement of attorneys' fees paid to respondent counsel.
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Court
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In re Creative Desperation Inc.
Sep
14
2009
Ruling
Debtor's attorney sanctioned for failure to disclose relationship with party holding adverse interest to debtor.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The court approved an attorney's retention as counsel for the debtor on a limited basis. The case was converted to a proceeding under chapter 7 of the Bankruptcy Code. A trustee filed a motion for sanctions and contempt against the attorney. The attorney filed a final fee application seeking approval for compensation as counsel for the debtor.
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Court
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Official Comm. of Unsecured Creditors v. Perseus Partners VII LP (In re Distributed Energy Sys. Corp.)
May
18
2009
Ruling
Debtor's investment banker's transaction fee disallowed.
Procedural posture
Plaintiff, the Official Committee of Unsecured Creditors, on behalf of a debtor, brought an adversary proceeding against defendant, an entity (creditor) that provided debtors with cash. Debtors' investment banker received its monthly advisory fees, totaling $ 300,000 and requested an additional $ 1,984,850 in transaction fees, plus expenses of $ 41,581. The Committee objected to the approval and payment of the transaction fees.
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Court
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Riker Danzig Scherer Hyland & Perretti v. Official Comm. of Unsecured Creditors (In re Smart World Techs. LLC)
Jan
06
2009
Ruling
Award of professional fees pursuant to pre-approval retention affirmed.
Procedural posture
Appellant, the official committee of unsecured creditors in a bankruptcy action, appealed from the judgment of the district court for the Southern District of New York, awarding appellee professional $ 2,142,006.27 in fees and $ 73,981.18 in expenses.
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Court
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Judge or Jurisdiction information not available
In re Hale-Halsell Co.
Jul
01
2008
Ruling
Creditor's committee's counsel's application for enhanced fee denied.
Procedural posture
Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
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Court
:
In re First Magnus Fin. Corp.
Jun
12
2008
Ruling
Approved financial professional group not entitled to compensation in excess of court approved compensation.
Procedural posture
A corporate debtor filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for approval to hire a financial group to help liquidate the debtor's bankruptcy estate. The court approved the debtor's request and entered an order awarding the financial group compensation. The financial group filed a motion which asked the court to reconsider its award.
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Court
:
- 11 U.S.C.
Cadle Co. II Inc. v. Fashion Shop of Ky. Inc.
May
07
2008
Ruling
Bankruptcy court properly overruled objection to payments to previously approved consultant.
Procedural posture
Appellant corporation sought review of a decision of a bankruptcy court, which approved a fee application presented by a consultant that was employed by appellee debtor, pursuant to 11 U.S.C.S. § 328.
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Court
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